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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69360
Experience:  Over 5 years in practice
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My boyfriend was arrested for drugs, he was arrested with intent

Customer Question

My boyfriend was arrested for drugs, he was arrested with intent to supply. I run a small catalogue style business from home, the police seized 2.5k of cash, 2k of this cash was in my drawers in my bedroom, some in encelopes with my name on. This was all cash from my business. I have evidence in credit card statements of stock ive bought, invoices of stock i have bought, bank statements where people have transfered me money for goods and i have drew out the cash the next day, a list of 50 names and numbers of customers who have bought from me and paid cash/bank transfer, awards i have won from the company for my sales druing the three months prior to the arrest, do you think i have enough evidence to claim my money back? I am in court next weds but have to pay 2k costs if i lost on top on the 2k they seized of mine.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Have you been charged with an offence as well?
Customer: replied 3 years ago.


No i have nt been charged with anything or had any odea of anything i was away on holiday

Expert:  Jo C. replied 3 years ago.
Thanks.

Why did you have £2k in cash? Obviously its not a lot of money really but its a lot of cash in a society that has become fairly cashless.
Customer: replied 3 years ago.

"For Jo C" It was to pay off the credit card for the stock, the business is selling health products and supplements but mainly a 9 day detox which retailed at £119 and was bought for £85. I have sold around 75 detoxes from April to July and the cash was from sales. Even when people transferred money to my bank i would draw out the cash and put it in the house just to keep the business money separate from my full time wages. I have evidence also on credit card statements of all cash payments i have made on them to pay for previous stock

Expert:  Jo C. replied 3 years ago.
Thanks.

What you need to explain to the court is why it needed to be cash. There won't be any difficulty showing that you did have genuine debts to pay. Unfortunately that doesn't mean that the enterprise was lawful. Drug dealers and their associates have to pay people for stock as well.

What you need to cover is what is the nature of the stock, and obviously the nature of the debts but you can do that quite well. Also, why it needed to be a cash payment.

If you can get any of those witnesses to court to give evidence for you then that will be helpful.

I imagine this is a proceeds of crime application so remember you have the burden of proof although only to the civil standard.

I do a lot of POCA work and the burning question that you need to answer is fundamentally this. Why is everything in cash? Obviously lots of people do need to carry cash on them - car dealers etc - but they are usually in a position where they can explain it. Cash is fairly rare in our society now bearing in mind it is insecure and earns no interest. Paying wages in cash also always give rise to the inference that nobody is paying tax so you need to show evidence that you are.

You probably will get the money back but you need to cover these points above.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

"For Jo C" I have got my manager from the business coming to court with me to clarify and explain why we run a mainly cash business, when we are dropping the stock off at peoples houses, work etc then other than cheque or bank transfer how would they pay?? Most people draw out the cash and just pay on delivery. With regards to the tax as i have only been in the business for four months i have yet to do a self assessment tax return but have every intention of when it is due and have all receipts, invoices, statements etc for when the time comes, in your opinion do you think i stand a good chance of winning my case, the last thing i want is to end up 4k in debt if i lose, especially when i have done nothing wrong!!

Expert:  Jo C. replied 3 years ago.
You need to cover the tax point. If you have only recently set up then you won't have to do an assessment but you need to satisfy a court that you do have the means of doing so - receipts etc.

If you have covered all the relevant points then you do stand a good chance. Obviously you have to take into account that I haven't had full vision of this case but on the facts that you present here there is a strong chance.

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